HB 719 — An Act prohibiting discriminatory practices against applicants and enrollees under certain insurance policies based on claims or prescriptions involving prophylaxis HIV medication.

PRINTER'S NO.    738

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                       HOUSE BILL
                       No. 719
                                              Session of
                                                2025

     INTRODUCED BY KHAN, SCOTT, SANCHEZ, KENYATTA, SALISBURY, PARKER,
        SMITH-WADE-EL, GERGELY, CARROLL, PIELLI, HOHENSTEIN, GIRAL,
        BURGOS, BOROWSKI, D. MILLER, OTTEN, CERRATO, DALEY, CEPEDA-
        FREYTIZ, WAXMAN AND GREEN, FEBRUARY 24, 2025

     REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 24, 2025


                                   AN ACT
 1   Prohibiting discriminatory practices against applicants and
 2      enrollees under certain insurance policies based on claims or
 3      prescriptions involving prophylaxis HIV medication.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6   Section 1.   Short title.
 7      This act shall be known and may be cited as the Prohibiting
 8   Insurance Discrimination for Persons on PrEP and PEP Act.
 9   Section 2.   Definitions.
10      The following words and phrases when used in this act shall
11   have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      "Adverse action."   Any of the following actions done solely
14   because an individual applicant or individual enrollee, or a
15   group to which the individual applicant or individual enrollee
16   belongs, has filled or is being prescribed PrEP or PEP:
17          (1)   Denying or canceling insurance coverage for the
 1      applicant or enrollee.
 2          (2)    Limiting the amount, extent or kind of coverage
 3      available to the applicant or enrollee.
 4          (3)    Charging the applicant or enrollee, or a group to
 5      which the applicant or enrollee belongs, a rate that is
 6      different from the rate charged to other applicants or
 7      enrollees.
 8      "Applicant."    An individual or group that seeks to obtain
 9   coverage under an insurance policy from an insurer.
10      "Enrollee."    A policyholder, subscriber or covered person
11   under an insurance policy.
12      "Insurance policy."    A life insurance policy, disability
13   policy, long-term care policy, subscriber contract, certificate
14   or plan that is offered, issued or renewed by an insurer.
15      "Insurer."    An entity licensed or authorized to conduct the
16   business of insurance that is governed under the act of May 17,
17   1921 (P.L.682, No.284), known as The Insurance Company Law of
18   1921, including section 630 and Article XXIV of that act.
19      "PEP."    A post-exposure prophylaxis HIV medication that is
20   approved by the United States Food and Drug Administration and
21   that can be taken as a prophylaxis to prevent the transmission
22   of the human immunodeficiency virus after a person is exposed.
23      "PrEP."   A pre-exposure prophylaxis HIV medication that is
24   approved by the United States Food and Drug Administration and
25   that can be taken as a prophylaxis to prevent the transmission
26   of the human immunodeficiency virus before a person is exposed.
27   Section 3.   Prohibition on discrimination.
28      Notwithstanding any other provision of law, an insurer may
29   not take an adverse action on an insurance policy against an
30   applicant or enrollee solely based on the applicant's or

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 1   enrollee's prior or current claim or obtainment of a
 2   prescription for PrEP or PEP.
 3   Section 4.      Enforcement.
 4      A violation of this act shall constitute:
 5             (1)   Unfair discrimination under section 353 of the act
 6      of May 17, 1921 (P.L.682, No.284), known as The Insurance
 7      Company Law of 1921.
 8             (2)   Unfair methods of competition and unfair or
 9      deceptive acts or practices under the act of July 22, 1974
10      (P.L.589, No.205), known as the Unfair Insurance Practices
11      Act.
12   Section 5.      Effective date.
13      This act shall take effect in 60 days.




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